Sub Class 457 to 856

[Leigh]

This is actaully an inquiry from a friend. May I know if anyone has an answer to any of her questions. Any thoughts on this will be appreciated. Thanks in advance.

My current 457 Visa will expire in Feb 2012 and you advised me that there is no urgency at the moment to proceed with the processing of my 856 visa since I have 2 more years left before my 457 Visa expires. I have a few questions which I would appreciate if you can enlighten me on this. In a span of 2 years there are a lot of things that can happen, for example:
1.1 What if the principal holder of the 457 Visa dies, dependants will have to leave Australia?
1.2 What if the Company decides to make my position redundant or what if the company folds up?
The above examples are situations which I do not have control of which somehow answers the question of "urgency." We just want to be safe before anything worse could happen. In saying this, what if we decide to take the risk and decide to push through with the 856 Visa and then later on our visa application got refuse. What are the implications if my visa 856 application got refused? Does this mean our current 457 visa will be cancelled? When I apply again for PR 2012, will it be more difficult for me since I already have a record with DIMA of refusal of visa?



Thank you in advance for your time. I look forward to your reply.

[amaslam]

Hi Leigh:

1. Yes, the principal 457 holder is essentially unemployed (not that he/she would care), so the dependents of the 457 have no further rights to stay in Australia. DIAC would ask them to leave in no less than 28 days.
2. You would need to leave AU, redundancy does not give you any more rights to stay in AU than a 457 who left voluntarily. DIAC (no longer DIMA) say 28 days to leave the country although they might be flexible by allowing some extra weeks (but not less than 28 days). Unemployment is the primary risk of a 457 holder as opposed to a PR holder.

As for 856 being refused, it depends on what it was refused for. If the company did not provide the correct info then it should not effect your future PR application. However if you got denied because of character or medical grounds then unless those change in the future you are not any more likely to get a PR visa later.

If you are in such a case of 856 being refused then you need to contact a migration agent to properly explore options and reasons.

Originally Posted by Leigh

This is actaully an inquiry from a friend. May I know if anyone has an answer to any of her questions. Any thoughts on this will be appreciated. Thanks in advance.

My current 457 Visa will expire in Feb 2012 and you advised me that there is no urgency at the moment to proceed with the processing of my 856 visa since I have 2 more years left before my 457 Visa expires. I have a few questions which I would appreciate if you can enlighten me on this. In a span of 2 years there are a lot of things that can happen, for example:
1.1 What if the principal holder of the 457 Visa dies, dependants will have to leave Australia?
1.2 What if the Company decides to make my position redundant or what if the company folds up?
The above examples are situations which I do not have control of which somehow answers the question of "urgency." We just want to be safe before anything worse could happen. In saying this, what if we decide to take the risk and decide to push through with the 856 Visa and then later on our visa application got refuse. What are the implications if my visa 856 application got refused? Does this mean our current 457 visa will be cancelled? When I apply again for PR 2012, will it be more difficult for me since I already have a record with DIMA of refusal of visa?



Thank you in advance for your time. I look forward to your reply.